Last Modified: September 2023

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Welcome to the website of TailSafe, LLC and its subsidiaries and affiliated companies (collectively “TailSafe”). The following Terms of Use govern your access to and the use of http://www.tailsafe.app (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest/visitor or a registered user, as applicable.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not agree with any part of the Terms of Use, you must not use the Website.

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The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with TailSafe and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

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TailSafe reserves the right to modify these Terms of Use at any time. Continued use of the Website by you will constitute your acceptance of any revisions to the Terms of Use. Please check this page regularly.

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Accessing the Website

TailSafe reserves the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

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Short Message Service (“SMS”) Terms

TailSafe, also known as TailSafe, LLC is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these SMS Messaging Terms (“Program Terms”). These Program Terms are limited to the Program and are not intended to modify other agreements or terms and conditions that may govern the relationship between you and TailSafe. Under the Program, your opt-in consent data, your mobile telephone number, and you personnel information will not be shared or sold with any third party. For more information on how TailSafe protects your privacy, please visit our Privacy Policy.

 

    A. User Agreement to Receive Text Messages

 

You agree to receive SMS mobile messages from TailSafe at the phone number you provided when you signed up for your subscription, and any additional or updated phone number you provide as a contact number in connection with your registration with TailSafe. Regardless of how you joined the Program, you agree that these Program Terms apply to your participation in the Program. You agree to receive autodialed, prerecorded, or predetermined mobile messages at the phone number associated with your registration, and you understand that your consent to receive these messages is not required to make any purchase. These messages will include information on how to manage your registration and may include special offers and other promotional content. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the mobile messages you receive from TailSafe are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message Frequency may vary. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

 

    B. User Opt Out

 

If you do not wish to continue participating in the Program or no longer agree to these Program Terms, you agree to reply STOP to any mobile message from TailSafe in order to opt out of the Program. You also may email TailSafe with your phone number and the registration for which you wish to opt out of the Program at hello@tailsafe.app. You may continue to receive SMS messages while we process your request, and you may receive a mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out of the Program. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

 

    C. Duty to Notify and Indemnify

 

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying TailSafe of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by TailSafe or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

 

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD TAILSAFE HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO COMPLY WITH YOUR DUTY TO NOTIFY TAILSAFE IN ACCORDANCE WITH THIS SECTION OF THE TERMS OF SERVICE, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

 

    D. Support Instructions

 

For support regarding the Program, text “HELP” to the number you received messages from our email at hello@tailsafe.app. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

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Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• in any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries;

• to impersonate or attempt to impersonate TailSafe, a TailSafe employee, contractor or agent, another user, or any other person or entity including, without limitation, by using e-mail addresses (or user names) associated with any of the above mentioned;

• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; and/or

• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm TailSafe or users of the Website or expose them to liability.

Additionally, you agree not to:

• use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

• use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

• use any device, software, or routine that interferes with the proper working of the Website;

• use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without TailSafe’s prior written consent;

• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; and/or

• otherwise attempt to interfere with proper working of the Website.

 

Reliance on Information Posted

 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

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The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any such materials, and all articles and responses to questions and other content, other than the content provided by TailSafe, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect the opinion of TailSafe. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk and subject to the terms of use for such websites.

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Payment Update Services

 

Our third-party billing service receives updated card account status including cancellation of the card account and changes to card number and/or expiration dates from the issuers of payment cards. We use this information to seamlessly continue your service in the event you have an update to your payment card. Payment cards issued by certain banks are not eligible for this service and members should check with their card issuers to determine eligibility for this service or to opt out of this service.

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Linking to the Website and Social Media Features

 

You may link to TailSafe’s homepage, provided you do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation; provided that you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

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You may use Website features solely as they are provided by us, and solely with respect to the content they are displayed with.

 

We may disable all or any Website features and any links at any time without notice, in our sole discretion.

 

Disclaimer of Warranty

 

The content and materials in the Website are provided “as is” and without representations or warranties of any kind, either express or implied. TailSafe expressly disclaims all warranties, express or implied, with respect to the Website including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. TailSafe does not warrant or represent that the functions or operations of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website, its servers or any e-mail sent from TailSafe are free of viruses or other harmful components.

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The information, products software, or service descriptions published on the Website or a linked Website may include inaccuracies or typographical errors. TailSafe disclaims liability for such errors and does not warrant or represent that the content on the Website or a linked web Website is updated or complete. TailSafe has no obligation to update any content on the Website and may change or improve the Website at any time without notice.

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The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
 

Limitation of Liability

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TailSafe shall not be liable for any injury, loss, claim, or damage, nor any indirect, special incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, that arise out of (a) the use of, or inability to use, the Website or content found in the Website, or (b) unless resulting from the gross negligence or intentional actions of TailSafe, the unauthorized access to or alteration of your transmissions of data, even if TailSafe has been advised of the possibility of such damages.

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The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
 

Enforceability

 

Should any provision of these Terms of Use be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions. Any such invalid, unlawful or unenforceable provisions will not affect the validity or enforceability of the remaining provisions.
 

Visitor Submissions

 

All communications initiated by you (also defined here as a “Visitor”) and made to or through any portions of the Website that permit uploading of questions, comments or other material are hereby considered “Visitor Submissions”.

 

If you make a Visitor Submission, you agree to abide by the terms set forth herein. Visitor Submissions will not contain any content that is illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, counter to the TailSafe Privacy Policy or otherwise injurious to TailSafe or any other third party (including any infringing materials or materials that purport to or actually include personal information about others); and that will not consist of or invoke malicious software code, constitute commercial solicitation (except where pre-approved by TailSafe), consist primarily of a solicitation, be political in nature, or the like. Where an e-mail address is required to upload Visitor Submissions, you agree to use a valid e-mail address and represent that you are the individual identified by the address. If you wish to submit materials to the Website, you are prohibited from impersonating any other individual or entity, or otherwise mislead as to the origination of the Visitor Submission.

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Visitor Submissions will be considered non-confidential and non-proprietary. Visitor Submissions become the property of TailSafe and you grant TailSafe a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, and reformat Visitor Submissions as appropriate and for any purpose, anywhere in the world, including into those forms that may constitute advertising and/or other marketing. If you submit a Visitor Submission, you are also granting to TailSafe the non-exclusive right to seek enjoinment and possible damages from any third party who otherwise uses Visitor Submissions in an unauthorized way or through unauthorized reproduction of any Visitor Submissions. If you make a Visitor Submission, you represent and warrant to TailSafe that you own or control all rights in and to the Visitor Submission and have the right to grant the ownership and license above to TailSafe.

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Visitor Submissions used, displayed or propagated by TailSafe or others licensed by TailSafe to use Visitor Submissions may be attributed to you unless you have expressly requested anonymity. TailSafe reserves the right to select among the Visitor Submissions for the most appropriate material to be used, subject to TailSafe’s sole discretion and judgment. TailSafe otherwise reserves the right to remove Visitor Submissions from the Website pursuant to its discretion and judgment, but maintains no obligation to do so.

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Visitors also agree to not redistribute, or reproduce elsewhere, Visitor Submissions in any manner or in any media, including the re-submission or republishing of any Visitor Submission on any other site not affiliated with TailSafe.

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Emails to TailSafe Addresses

 

The TailSafe email system is a private email system intended only for purposes authorized by TailSafe. You are not authorized to send numerous unsolicited commercial email messages to any email address ending in @tailsafe.app. TailSafe reserves the right to take actions as may be necessary to prevent misuse of its email system by unauthorized parties.

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Secured Areas/Passwords

 

Some portions of the Website may be restricted and require authorization for access. Unauthorized use of or access to any such areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by the TailSafe Privacy Policy, and you consent to all actions we take with respect to your information consistent with the TailSafe Privacy Policy.

 

If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. TailSafe will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact TailSafe. TailSafe will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else. In order to protect your personal information, TailSafe encourages you to change your password every six months.

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We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, there has been a violation any provision of these Terms of Use or of the TailSafe Privacy Policy.

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Employment Opportunities

TailSafe is committed to the principles of equal employment opportunity. Applications are considered for all positions without regard to race, sex, sexual orientation, ethnicity, religion, national origin, age, disability (so long as such disability can be reasonably accommodated), or any other status protected by applicable law. TailSafe encourages all qualified applicants to apply.

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Disputes

 

ALL CLAIMS OR DISPUTES ARISING FROM OR RELATING TO THESE TERMS OF USE BETWEEN YOU AND TAILSAFE AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS, AFFILIATES, PARENTS, AND SUBSIDIARIES WILL BE SUBJECT TO BINDING ARBITRATION AND PRESIDED OVER BY AN ARBITER SELECTED BY THE AMERICAN ARBITRATION ASSOCIATION, AND SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN MARYLAND, WITH THE COSTS OF SUCH ARBITRATION BEING SHARED EQUALLY BY BOTH PARTIES.

 

You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Maryland, without regard to principles of conflict of laws, will govern these Terms of Use.

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Waiver of Class Action Rights

 

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

 

Intellectual Property Rights

 

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by TailSafe, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser temporarily for display enhancement purposes.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• You may print (or download) one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not:

• Modify copies of any materials from the Website.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

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If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by TailSafe. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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The TailSafe name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of TailSafe or its affiliates or licensors. You must not use such marks without the prior written permission of TailSafe. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

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Membership

 

Use of the term "member" or "membership" does not convey any eligibility, legal or ownership rights in TailSafe or any of its affiliates.